N.J.S.A. 56:3-63 — Confidentiality of proprietary information or trade secrets.

56:3-63 Confidentiality of proprietary information or trade secrets. 11. a. Any proprietary information or trade secrets included in any written notification, certification, or any other record submitted to the division pursuant to this act shall not be made available to the general public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act. b. In order to identify the proprietary information or trade secrets to be protected from public disclosure pursuant to subsection a. of this section, a manufacturer shall file a trade secret claim to the division, in a form and manner determined by the division. No later than 90 days after receipt of a trade secret claim, the division shall make a determination on the validity of the trade secret claim. Upon making a determination on the validity of a trade secret claim, the division shall inform the manufacturer of the determination by certified mail. If the division determines that the manufacturer's trade secret claim is not valid, the manufacturer shall have 45 days from the receipt of the division�s determination to file with the division a written request for an administrative hearing on the determination. If the manufacturer does not file such a request within 45 days, the division may take action to disclose the information for which the trade secret claim was made, pursuant to the provisions of this act. If a manufacturer requests an administrative hearing pursuant to the provisions of this subsection, the division shall refer the matter to the Office of Administrative Law, for a hearing thereon. At the hearing the manufacturer shall have the burden to show that the trade secret claim is valid. Within 45 days of receipt of the administrative law judge's recommendation, the division shall affirm, reject, or modify the recommendation. The division�s action shall be considered the final agency action for the purposes of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), and shall be subject only to judicial review as provided in the Rules of Court. The division shall inform the manufacturer of its decision on the administrative law judge's recommendation by certified mail. c. The subject of any trade secret claim pending or approved shall be treated as confidential information. The division shall not disclose any confidential information to any person except an officer or employee of the State in connection with the official duties of the officer or employee under any law for the protection of public health or the environment. Any officer or employee of the State who has access to any confidential information, and who willingly and knowingly discloses the confidential information to any person not authorized to receive it, shall be guilty of a crime of the third degree. d. Any written notification containing information for which a trade secret claim is pending or has been approved may be made available to the public with that information concealed. L.2025, c.202, s.11.

This is the verbatim text of N.J.S.A. 56:3-63, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.